Notes of Cases in Points of Practice, Taken in the Court of Common Pleas at Westminster, from Michaelmas Term 1732, to Hilary Term 1756, Inclusive: Published with the Approbation of the Judges of the Said Court. To which is Added, a Continuation of Cases to the End of the Reign of King George the Second. With a Table, Containing the Names of the Cases, and an Index of the Principal MattersE. and R. Brooke, in Bell-Yard, Temple-Bar., 1790 - 500 σελίδες |
Συχνά εμφανιζόμενοι όροι και φράσεις
Act of Parliament Action Affidavit affigned Affizes againſt amended Arreft Attorney Bail Bail-Bond becauſe Belfield Bootle for Defendant Bootle for Plaintiff brought Cafe Capias Cauſe Common Appearance Confent Counſel Court held Damages Debt Declaration Defendant moved Defendant's delivered Demife Demurrer diſcharged Draper for Defendant Draper for Plaintiff Eafter Ejectment entered Execution Executor faid fame fecond fendant ferved fet afide fhew Caufe fhould figned Judgment firft ftay fuch fufficient Habeas Corpus Hilary himſelf Iffue Imparlance infifted Judge Juftice laft ment Middlefex Motion moved to fet muſt Nonfuit Notice of Trial obtained a Rule ordered Payment of Cofts Perfon Plaintiff's Attorney Plea Poffeffion Prifoner Prime for Defendant Prime for Plaintiff Proceedings Procefs Prothonotary Queftion Qui tam refuſed Replevin Return Rule abfolute Rule to fhew ſet aſide Sheriff Skinner for Plaintiff Statute ſtay Superfedeas Tenant Term tiel tiff Trefpafs Trin Trinity Verdict Writ of Error Writ of Inquiry
Δημοφιλή αποσπάσματα
Σελίδα 64 - Justice wheresoever the said Court shall then be, there to answer to us, as well touching a contempt which he it is alleged hath committed against us, as also such other matters as shall be then and there laid to his charge, and further to perform and abide such order as our said Court shall make in this behalf, and hereof fail not, and bring this writ with you.
Σελίδα 148 - ... and demanded a plea. Defendant pleaded nothing to the merits, but only that he did not proceed in the fpiritual court after the prohibition, gave a rule to reply, and demanded a replication. Upon which the plaintiff obtained a rule for the defendant to (hew csufe why he fhould not pay the plaintiff the cods of the proceedings in prohibition.
Σελίδα 174 - Thus, where it appeared that the tenant in possession refused to accept the declaration, when tendered to him, though acquainted with the contents, and that he brought a gun, and swore he would shoot the person who tendered it, if he did not get off his land ; •whereupon the declaration was laid...
Σελίδα 178 - So, where the declaration was tendered to the wife of the tenant in possession, who refused to open the door of the house, but looked out at a parlour window, and was acquainted...
Σελίδα 184 - ... the lessors of the plaintiff as devisees, they not being entitled to bring ejectment as executors: there appeared to be a mutual debt to the defendant by simple contract, and the defendant offered to go into the whole account, taking in both demands, as devisees and executors, having just allowances, which the lessors of the plaintiff refused: the rule was made absolute to stay proceedings on payment of the rent due to the lessors as devisees, and costs (y).
Σελίδα 338 - has not now that record ready " here in court, he is directed that " he have that record here, &c. " The same day is given to the " said B. here,
Σελίδα 474 - ... it, the defendant's occupation of the premises, the value of them during that time (which was proved to be 20/.), and the costs of the ejectment (amounting to 12/. more). On the part of the defendant it was objected, that as the judgment in the ejectment was by default, against the casual ejector, this action could not be legally maintained in the name of the nominal plaintiff; but ought to have been brought by the plaintiff's...
Σελίδα 174 - And affidavits that the deponent did serve the wives of A and B, who, or one of them, are tenants in possession, have been held insufficient. (Harding v. Greensmith, Barn. R. 174.) So an affidavit, which states that the declaration was served on the daughter of the tenant in possession, but does not show that such service was made on the premises in question, is insufficient.
Σελίδα 176 - ... on fhewing caufe, the plaintiff produced an affidavit that the mortgagee had been at great expence in neceflary repairs of part of the...
Σελίδα 256 - Procefs, the Motion muft be made before Judgment figned ; if in the Notice of Declaration, two Days before the Time appointed for the Execution of the Writ of Inquiry.